EPA issued a final rule in the Federal Register of June 30, 2026, establishing tolerances for residues of epyrifenacil (CASRN 353292-31-6) in or on multiple commodities requeste...
EPA issued a final rule in the
Federal Register
of June 30, 2026, establishing tolerances for residues of epyrifenacil (CASRN 353292-31-6) in or on multiple commodities requested by Valent U.S.A. LLC under the Federal Food, Drug, and Cosmetic Act (FFDCA). That document inadvertently issued incorrect tolerances for corn, field (forage, stover); wheat (forage, hay, straw); and soybean (forage, hay). This document corrects that final regulation.
DATES:
This rule is effective on July 28, 2026. Objections and requests for hearings must be received on or before September 28, 2026 and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of this document).
ADDRESSES:
The docket for this action, identified by docket identification (ID) number EPA-HQ-OPP-2022-0354, is available at
https://www.regulations.gov.
Additional information on commenting or visiting the docket, along with more information about dockets generally, is available at
https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Charles Smith, Director, Registration Division (7505T), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: (202) 566-1030; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document might apply to them:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under
FOR FURTHER INFORMATION CONTACT
.
II. What does this correction do?
EPA issued a final rule in the
Federal Register
of June 30, 2026 (91 FR 39512) (FRL-13239-02-OCSPP), that established tolerances for residues of epyrifenacil in or on multiple commodities in response to a petition filed by Valent (
see
June 26, 2023 (88 FR 41395) (FRL-10841-05-OCSPP) (June 26, 2023), announcing the filing of a pesticide petition (PP PP2F8983) by Valent). EPA inadvertently published incorrect tolerances directing the
Federal Register
to add incorrect values to the table in 40 CFR 180.731 for tolerances on corn, field (forage, stover); wheat (forage, hay, straw); and soybean (forage, hay). This final rule corrects those tolerance values in the table in 40 CFR 180.731.
III. Correction of the Tolerances for Feed Commodities
A. Summary of Corrections
On June 30, 2026, EPA promulgated a final tolerance action (91 FR 39512) (FRL-13239-02-OCSPP), in response to the petition from Valent Based upon review of the data supporting the petition, EPA modified several tolerances for the listed commodities for harmonization with the upcoming registrations by Canada's Pest Management Regulatory Agency (PMRA). The reason for these changes are explained in Unit IV.B and IV.C of the June 30, 2026, rule.
The petitioner requested that 40 CFR part 180 be amended by establishing tolerances for residues of the herbicide epyrifenacil, ethyl [(3-{2-chloro-4-fluoro-5-[3-methyl-2,6-dioxo-4-(trifluoromethyl)-3,6-dihydropyrimidin-1(2H)-yl]phenoxy}-2-pyridyl)oxy]acetate, in or on canola seed, field corn grain, soybean seed, wheat grain at 0.005 ppm; field corn forage, field corn stover, soybean forage, soybean hay, wheat forage, wheat hay and wheat straw at 0.01 ppm. In the June 30, 2026, final rule EPA inadvertently set the tolerance to 0.005 ppm for all of the subject commodities. This final rule corrects that error, raising the tolerances to 0.01ppm for corn, field (forage, stover); wheat (forage, hay, straw); and soybean (forage, hay). in accordance with the petition and EPA's
( printed page 47144)
findings in Epyrifenacil: Human Health Risk Assessment for the Section 3 Registration of the New Herbicide Active Ingredient Epyrifenacil on Field Corn, Canola, Soybean, Wheat, Fallow Land, Bare Ground, and Non-crop Areas.
B. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a tolerance (the legal limit for a pesticide chemical residue in or on a food) only if EPA determines that the tolerance is “safe.” Section 408(b)(2)(A)(ii) of FFDCA defines “safe” to mean that “there is a reasonable certainty that no harm will result from aggregate exposure to the pesticide chemical residue, including all anticipated dietary exposures and all other exposures for which there is reliable information.” This includes exposure through drinking water and in residential settings, but does not include occupational exposure. Section 408(b)(2)(C) of FFDCA requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . . . ”
Consistent with FFDCA section 408(b)(2)(D), and the factors specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available scientific data and other relevant information in support of this action. EPA has sufficient data to assess the hazards of and to make a determination on aggregate exposure for epyrifenacil including exposure resulting from the tolerances established by this action. EPA's assessment of exposures and risks associated with epyrifenacil is discussed in Unit III.D. of the June 30, 2026, rule (91 FR 39512) (FRL-13239-02-OCSPP).
With respect to this correction, EPA's risk assessment found that there are no toxicological, residue chemistry, or occupational and residential exposure (ORE) considerations that would preclude granting the requested registration and establishing the recommended tolerances for epyrifenacil residues on the proposed crops.
Based on these risk assessments, EPA concludes that there is a reasonable certainty that no harm will result to the general population, or to infants and children from aggregate exposure to epyrifenacil residues.
IV. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(3)(B)) provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a final rule without providing notice and an opportunity for public comment. EPA has determined that there is good cause for making this correction final without prior proposal and opportunity for comment, because EPA inadvertently instructed the
Federal Register
to set tolerances for certain commodities at 0.005 ppm when they should have been set at 0.01 ppm as requested by the Petitioner and supported by EPA's analysis. EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).
V. Other Considerations
A. Analytical Enforcement Methodology
Adequate enforcement methodology for plant commodities (Method RM-52C-2b, which uses a high-performance liquid chromatography method with tandem mass spectrometry detection (LC/MS/MS), and soybean and corn oil commodities (LC/MS/MS method, Method RM-52C-1a), are available to enforce the tolerance expression.
The method may be requested from: Chief, Analytical Chemistry Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD 20755-5350; telephone number: (410) 305-2905; email address:
residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S. tolerances with international standards whenever possible, consistent with U.S. food safety standards and agricultural practices. EPA considers the international maximum residue limits (MRL) established by the Codex Alimentarius Commission (Codex), as required by FFDCA section 408(b)(4). Codex is a joint United Nations Food and Agriculture Organization/World Health Organization food standards program, and it is recognized as an international food safety standards-setting organization in trade agreements to which the United States is a party. EPA may establish a tolerance that is different from a Codex MRL; however, FFDCA section 408(b)(4) requires that EPA explain the reasons for departing from the Codex level.
The Codex has not established an MRL for epyrifenacil.
VI. Conclusion
Therefore, tolerances for residues of epyrifenacil, ethyl [(3-{2-chloro-4-fluoro-5-[3-methyl-2,6-dioxo-4-(trifluoromethyl)-3,6-dihydropyrimidin-1(2H)-yl]phenoxy}-2-pyridyl)oxy]acetate, in or on corn, field (forage, stover); soybean (forage, hay); and wheat (forage, hay, straw) are corrected to 0.01 ppm.
This action is exempt from review under Executive Order 12866 (58 FR 51735, October 4, 1993), because it establishes or modifies a pesticide tolerance or a tolerance exemption under FFDCA section 408 in response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866.
This action does not impose an information collection burden under the PRA 44 U.S.C. 3501et seq.,
because it does not contain any information collection activities.
D. Regulatory Flexibility Act (RFA)
Since tolerance actions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the RFA, 5 U.S.C. 601et seq.,
do not apply to this action.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or more (in 1995 dollars and adjusted annually for inflation) as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any State, local, or Tribal governments or on the private sector.
( printed page 47145)
This action does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999), because it will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments
This action does not have Tribal implications as specified in Executive Order 13175 (65 FR 67249, November 9, 2000), because it will not have substantial direct effects on Tribal governments, on the relationship between the Federal Government and the Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes.
H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because tolerance actions like this one are exempt from review under Executive Order 12866. However, EPA's 2026
Policy on Children's Health
applies to this action. This rule finalizes tolerance actions under the FFDCA, which requires EPA to give special consideration to exposure of infants and children to the pesticide chemical residue in establishing a tolerance and to “ensure that there is a reasonable certainty that no harm will result to infants and children from aggregate exposure to the pesticide chemical residue . . .” (FFDCA 408(b)(2)(C)). The Agency's consideration is summarized in Unit III.D. of the June 30, 2026, rule (91 FR 39512) (FRL-13239-02-OCSPP).
I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use
J. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801et seq.,
and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).
Tolerances are established for residues of the herbicide epyrifenacil, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only epyrifenacil, ethyl 2-[[3-[2-chloro-5-[3,6-dihydro-3-methyl-2,6-dioxo-4-(trifluoromethyl)-1(2
H)-pyrimidinyl]-4-fluorophenoxy]-2-pyridinyl]oxy]acetate in or on the commodity.